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EO 14004Executive OrderBiden · D

Executive Order 14004

Enabling All Qualified Americans To Serve Their Country in Uniform

This executive order reverses the previous administration's restrictions on transgender military service, reinstating the 2016 policy that allows transgender individuals to serve openly. It directs the Secretaries of Defense and Homeland Security to prohibit involuntary separations based on gender identity, review records of those previously discharged, correct military records, and report progress within 60 days.

Federal Register Open PDF 86 FR 7471

Impact dates

  1. Secretaries of Defense and Homeland Security report to President on implementation progress

Key directives

  • Revoke March 23, 2018 Presidential Memorandum (Military Service by Transgender Individuals)
  • Confirm August 25, 2017 Presidential Memorandum remains revoked
  • Immediately prohibit involuntary separations, discharges, and denials of reenlistment based on gender identity
  • Establish process for transgender service members to transition gender while serving
  • Identify and examine records of service members previously separated based on gender identity
  • Issue guidance for correction of military records under 10 U.S.C. § 1552(a)
  • Provide supplemental guidance to boards for correction of military records
  • Offer opportunity to rejoin military to previously separated individuals who meet current entry standards
  • Report progress to President within 60 days

Who is ordered

Timeline

Immediate

  • Prohibition on involuntary separations, discharges, and denials of reenlistment based on gender identity takes effect immediately for DoD and Coast Guard
  • Revocation of March 23, 2018 and August 25, 2017 Presidential Memorandums

Near term (90d)

  • Secretaries must report progress to President within 60 days
  • Establishment of process for gender transition while serving
  • Identification and examination of records of previously separated service members
  • Issuance of guidance for correction of military records

Long term

  • Implementation of consistent department-wide policies and regulations
  • Potential reintegration of previously separated service members who wish to rejoin
  • Ongoing review and correction of military records by boards

Risks & tensions

  • EO requires Secretaries to act 'consistent with applicable law' and 'subject to availability of appropriations,' creating potential friction if Congress restricts funding
  • Record correction process depends on board discretion and 'extent permitted by law,' leaving some uncertainty about outcomes for individuals
  • Reintegration offer is conditional on meeting 'current entry standards,' which are not defined in the EO and may exclude some individuals
  • Policy reversal may face legal challenges or future administrative changes
Executive Order 14004: Enabling All Qualified Americans To Serve Their Country in Uniform · Executive Orders